A popular Businessman dealing in building materials, Mohamed Shabban, has been remanded in custody at the Pademba Road maximum prison, by Magistrate Komba Kamanda of Court No.2, for allegedly obtaining goods and issuing cheques without sufficient money in his account.
The accused Mohamed Shabban faced eight count charges on two separate files four on each file.
On file one, he face one count charge on obtaining goods by false pretence contrary to section 32(1) of the Larceny Act 19816 and particular of offence states that the accused on the 6th June 2014, at 56 John Street in Freetown with intent to defraud obtained certain property all to the total value of Le 26,200,000 (twenty-six million two hundred thousand Leones) by issuing a postdated cheque to John Musa Koroma.
He was charge with the offence of issuing a cheque against insufficient funds contrary to Section 42(1) of the Payment System Act of 2009, on count two, three and four as particular of offence states that on June 10th the accused issued Skye Bank cheque with number 0109632 with face value of Le 14m (fourteen million Leones) and on diverse dates issued cheques with serial numbers 01096891 with face value of Le 26,200,000 (twenty-six million two hundred thousand Leones) and 01096892 with face value of Le 12, 200,000(twelve million two hundred thousand Leones) to John Musa Koroma.
On file two, the accused was charged with the offence obtaining goods by false pretence on count one two contrary to the same Act as in file one and the particulars of offence states that on the 17th February 2014 at 32 Sander Street in Freetown, with intent to defraud collected certain properties with sum total Le 19,550,000 (nineteen million five hundred and fifty thousand Leones) on count one and Le 16,500,000 (sixteen million five hundred thousand Leones) on count two by issuing a postdate cheque to Azim Sabimus knowing the same to be false
Count three and four rallies around the offence of issuing a cheque against insufficient funds contrary to section 42(1) of the Payment System Act of 2009 and the particulars of offence states that the accused on the 3rd of March 2014 issued an Access Bank cheque with serial number 00124950 with face value of Le 19, 550, 000(nineteen million five hundred thousand Leones) and on another date issued the same Bank cheque with serial number 00132805 with face value, Le 16,500,000(sixteen million five hundred thousand Leones) against insufficient funds to the Azim Sabimus.
Representing the accused on both files, Counsel U. Koroma, applied for bail on behalf of the accused stating that he is a Sierra Leonean businessman, who whiles in custody at the Criminal Investigation Department (CID) express willingness to settle the matter amicable with the complainants as he is facing some constraints that are delaying him in dealing with his business partners, adding that he has reliable sureties that are willing to stand on his behalf and that the accused is diabetic as he faced his charges, citing section 79(2&3) of the Criminal Procedure Act 1965
Inspector S. Conteh and Assistant Superintendent of Police (ASP) Robert Dunia, prosecuting the matters on file one and two respectively objected to the bail application made by Counsel representing the accused, stating the serious nature of the offence and increase of such offences in the country.
Magistrate Komba Kamanda maintained that even if the prosecution did not object to bail, he will not grant bail to an accuse who is also before him for a similar offence in another matter that is yet to be settled. He said the matter is even serious because it had to do with 419, cases he said, he treats with utmost seriousness in his court. “My court is not a barray where people come and go on similar offences without putting a stop to it,” he stated.
Based on this, Magistrate Kamanda remanded the Shabban in custody for eight days on file one and case adjourned to 25th July 2014 and for file two adjourned to 24th July 2014 during which the prosecution could to start cross examination of their witnesses.
By Alhaji M. Kamara
Monday July 21, 2014